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This is a Bill, not an Act. For current law, see the Acts databases.
CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Children
and Young People Amendment Bill 2009 (No 2)
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Children and Young
People Amendment Bill 2009 (No 2)
A Bill for
An Act to amend the
Children and Young People
Act 2008
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Children and Young People Amendment Act 2009 (No
2).
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Children and Young People Act 2008.
4 Prenatal
report information is sensitive
informationSection 365 (2)
substitute
(2) In this section:
prenatal report information means
information—
(a) in a prenatal report; or
(b) received by the chief executive under section 362; or
(c) that would allow the information mentioned in paragraph (a) or (b) to
be worked out; or
(d) that identifies a person as a person who gave the information
mentioned in paragraph (a) or (b); or
(e) that would allow a person’s identity as a person who gave the
information mentioned in paragraph (a) or (b) to be worked out.
5 Childcare
service licence—childcare service
standardsSection 749
(2)
after
(a temporary standards exemption)
insert
for a reasonable period
insert
(2A) The chief executive may give a childcare service more than
1 temporary standards exemption from a childcare service standard.
omit
substitute
(5) The chief executive may extend a temporary standards exemption for a
reasonable period if satisfied of the matters mentioned in subsection (2) (a) to
(d).
9 Who
is an information holder?Section
843, note
insert
• s 865A (Giving protected information to police).
10 What
is sensitive information?Section 845
(2), definition of care and protection report
information
substitute
care and protection report information means
information—
(a) in a child concern report; or
(b) received by the chief executive under section 360 or section 361;
or
(c) in a record that relates to—
(i) a notification under the Children’s Services Act 1986,
section 103 (as in force at any time); or
(ii) a report under the Children and Young People Act 1999, section
157A, section 158 or section 159 (as in force at any time); or
(iii) any other information received by the chief executive under the
Children and Young People Act 1999 about the suspected abuse or neglect
of a child or young person; or
(iv) any information received about the suspected abuse or neglect of a
child or young person at any time an ordinance was in force in relation to child
welfare; or
(d) that would allow information mentioned in paragraph (a), (b) or (c) to
be worked out; or
(e) that identifies a person as a person who gave the information
mentioned in paragraph (a), (b) or (c); or
(f) that would allow a person’s identity as a person who gave the
information mentioned in paragraph (a), (b) or (c) to be worked out.
11 Certain
identifying information not to be given
Section 857 (a)
substitute
(a) identifies a person as a person who made—
(i) a child concern report; or
(ii) a prenatal report; or
(iii) a confidential report; or
(iv) an interstate care and protection report; or
(v) a notification under the Children’s Services Act 1986,
section 103 (as in force at any time); or
(vi) a report under the Children and Young People Act 1999, section
157A, section 158 or section 159 (as in force at any time); or
after
report
insert
or notification
insert
865A Giving protected information to
police
(1) The chief executive must give protected information to the chief
police officer if a matter has been referred to the chief police officer under
section 360 (4) (c).
(2) The chief executive may otherwise give protected information to the
chief police officer if satisfied that the information is materially relevant to
an investigation a police officer is carrying out.
Note The chief executive must regard the best interests of the child
or young person as the paramount consideration or if a decision does not relate
to a particular child or young person, the chief executive must consider the
best interests of children and young people (see s 8).
(3) Section 867 (Investigative entity may divulge protected information
etc) applies to the chief police officer in relation to protected information
provided to the chief police officer under this section.
14 Investigative
entity may divulge protected information
etcSection 867 (2) (d)
substitute
(d) the information does not include information that—
(i) identifies a person as a person who made—
(A) a child concern report; or
(B) a prenatal report; or
(C) a confidential report; or
(D) an interstate care and protection report; or
(E) a notification under the Children’s Services
Act 1986, section 103 (as in force at any time); or
(F) a report under the Children and Young People Act 1999,
section 157A, section 158 or section 159 (as in force at any time); or
(ii) would allow a person’s identity as a person who made a report
or notification mentioned in subparagraph (i) to be worked out.
15 Interaction
with other lawsSection 875
(1)
after
information
insert
to the chief executive
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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